Manuel G. Esparza v. Terri McDonald et al

Filing 38

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order, 37 . See document for details. (yb)

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PAUL B. BEACH, State Bar No. 166265
[e-mail]
SCOTT E. CARON, State Bar No. 227871
[e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Defendants
County of Los Angeles, Los Angeles County Sheriff’s Department, Captain Ault,
Leroy D. Baca, Captain John S. Benedict, Captain Ana M. Brackpool, Captain
Vincent E. Callier, David L. Fender, Kelley S. Fraser, Commander Guyovich,
Terri McDonald, Commander Ralph Ornelas, Chief Eric G. Parra, John Scott,
Joanne Sharp, Commander Victor M. Trujillo, Paul Tanaka, and Raymond Leyva

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MANUEL G. ESPARZA,
Plaintiff,

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vs.

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TERRI MCDONALD, et al.,
Defendants.

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Case No. CV 14-09937 JAK (AJWx)
Honorable Andrew J. Wistrich
ORDER APPROVING
STIPULATION FOR A
PROTECTIVE ORDER

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The Parties having stipulated, and good cause appearing, IT IS HEREBY

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ORDERED as follows:

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I.

Scope
This protective order shall govern all documents produced or disclosed in

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this Action by either party (the “Designating Party”) to the other party (“the

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Receiving Party”).
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II.

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Confidential Information
1.

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“Confidential Information” means:
(A)

Any information contained in a document that is stamped with

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“Confidential” or “Confidential -Subject to Protective Order”;

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or,

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(B)

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Any information contained in a document that is stamped with
“Confidential –Attorneys Eyes Only.”

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2.

Stamping “Confidential”, “Confidential – Subject to Protective

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Order” or “Confidential – Attorney’s Eyes Only” on the cover of a multiple page

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documents shall classify all pages of the document as confidential unless

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otherwise indicated by the disclosing party.

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III.

Permissible Disclosure of Confidential Information

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A.

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Subject to Section III(C), the Receiving Party may show and deliver

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documents stamped “with “Confidential” or “Confidential -Subject to Protective

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Order” to the following people:
(a) Parties and their counsel including attorneys, paralegals, stenographic

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and clerical staff employed by such counsel;
(b) Stenographic employees, court reporters and videographers recording

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or transcribing testimony in this Action;
(c) The Court, Special Master appointed by the Court, mediator, and any

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members of their staff to whom it is necessary to disclose the information;
(d) Any outside consultant or expert whether formally retained or not if the

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Receiving Party sign the certification described in Section III(C);
(e) Any witness during a deposition.

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Confidential Information

//
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B.

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Subject to Section III(C), the Receiving Party may show and deliver

Confidential Information-Attorney Eyes Only

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documents stamped with “Confidential –Attorneys Eyes Only” to the following

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people:

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(a) Attorneys, paralegals, stenographic and clerical staff employed by such
counsel;

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(b) The Court, Special Master appointed by the Court, mediator, and any
members of their staff to whom it is necessary to disclose the information;

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(c) Stenographic employees, court reporters and videographers recording or
transcribing testimony in this Action;

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(d) Any outside consultant or expert whether formally retained or not if the
Receiving Party sign the certification described in Section III(C).

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C.

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If the receiving party provides Confidential Information to any person

Handling of Confidential Information by Receiving Party

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entitled to such information by the terms of this Order, such person shall be

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provided with a copy of this Protective Order, which he or she shall read. Upon

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reading this Protective Order, such person shall sign a Certification, the form

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annexed hereto as Exhibit A, acknowledging that he or she has read the Protective

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Order and shall abide by its terms. Upon execution of the Certification, a copy of

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the executed Certification shall be provided to the disclosing party.

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IV.

Use of Confidential Information
1.

Confidential Information shall only be used for preparing for and

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prosecuting this case pending the completion of the judicial process, including

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appeal. No person to whom this information is disclosed shall cause or permit it

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to be used for any other purpose.

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2.

Notwithstanding any other provisions hereof, nothing herein shall

restrict any party’s counsel from rendering advice to its client with respect to this
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Action and, in the course thereof, relying upon Confidential Information provided

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that in rendering such advice, counsel shall not disclose the other party’s

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Confidential Information other than in a manner provided for in this Protective

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Order.

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3.

If Confidential Information is used, directly or indirectly, in any

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depositions taken in this matter, the original transcript of the deposition, and all

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copies thereof shall be stamped “Confidential – Subject to Protective Order.” If

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any portions of the deposition transcript and/or video or audio versions of the

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depositions containing Confidential Information, or references thereto, are filed

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with the Court, it shall be done in compliance with Section VII of the instant

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Order.

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4.

A copy of this Order shall be attached as an exhibit to said

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deposition transcript and the court reporter shall be subject to said Order and

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precluded from providing the original or copies of the deposition transcript or

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portions thereof, any copies thereof, or portions of copies thereof, to any persons

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or entities other than counsel of record in the instant action. Furthermore, any

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audiotape and/or videotape of said deposition shall be subject to this Order. A

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copy of this Order shall be attached as an exhibit to said audiotape and/or

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videotape and the court videographer shall be subject to this Order and precluded

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from providing the original deposition videotape or portions thereof, any copies

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thereof, or portions of copies thereof, to any persons or entities other than counsel

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of record. Any audiotape shall similarly be subject to this Order and all persons

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shall be precluded from providing the original deposition audiotape or portions

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thereof, any copies thereof, or portions of copies thereof, to any persons or

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entities other than counsel of record in the instant litigation.

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5.

Additionally, anyone other than the following persons shall be

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precluded from attending any deposition whereat any Confidential Documents or

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confidential information therein are used: the receiving party, the disclosing
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party, any parties’ counsel, the court reporter, the court videographer, if any, and

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any of the named parties in this action. Those attending any depositions using

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Confidential Documents shall not disclose to any person or entity not otherwise

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entitled to the confidential information, in any manner, including orally, any

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statements made by the deponents during the course of said depositions and any

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such disclosure shall be construed as a violation of this Order.

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V.

Protection of Confidential Information
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Counsel shall take all reasonable and necessary steps to assure the

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security of any Confidential Information and will limit access to Confidential

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Information to only those persons authorized by this order.

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2.

Any party that is served with a subpoena or other request for

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production of Confidential Information produced by the other party must

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immediately give written notice of such subpoena or other notice to the original

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Designating Party so as to afford the original Designating Party an opportunity to

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obtain an order barring production or other disclosure, or to otherwise respond to

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the subpoena or other request for production or disclosure of Confidential

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Information. Upon receiving such notice, the original Designating Party shall bear

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the burden of opposing, if it deems appropriate, the subpoena or request for

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production. In no event should production or disclosure be made without written

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approval by the original Designating Party unless required by Court order arising

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from a motion to compel production or disclosure of Confidential Information.

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3.

No more than thirty (30) calendar days after the end of litigation in

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the instant case, the Receiving Party, and every other person and/or entity who

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received Confidential Information shall (1) destroy such documents and any

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copies thereof and provide written notification of such destruction to the

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producing party or (2) return such documents and any copies thereof to the

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producing party.
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4.

The instant litigation is at an end when (i) a final judgment has been

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entered by the Court or the case has otherwise been dismissed with prejudice; (ii)

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the time for any objection to or request for reconsideration of such a judgment or

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dismissal has expired; (iii) all available appeals have concluded or the time for

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such appeals has expired; and (iv) any post appeal proceedings have themselves

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concluded.

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VI.

Challenges to Designation
Any party may object to the propriety of the designation of Confidential

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Information by serving a written Objection to the designation on the designating

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party. The service of an objection will impose an obligation on all parties to meet

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and confer in good faith regarding the designation and objections. In the event

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the parties are unable to resolve their differences, the objecting party may seek

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appropriate relief from the Court.

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VII. Filing Confidential Information in Court Records
1.

The parties shall use the following procedure for submitting to the

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Court papers consisting of, relating to, containing, incorporating, reflecting,

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describing or attaching Confidential Information:

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All pretrial discovery and non-discovery -related

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motions, memorandum of law, certification, exhibit

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annexed thereto that contain Confidential Information

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shall be filed in accordance with Local Rule 79 by

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placing the original and judge’s copy of the document in

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sealed separate envelopes with a copy of the title page

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attached to the front of each envelope. Conformed copies

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need not be placed in sealed envelopes. Confidential

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material to be placed under seal, shall not be
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electronically filed but shall be filed manually in the

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manner prescribed by Local Rule 79-5. A Notice of

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Manual

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identifying materials being manually filed.

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2.

Filing

shall

also

be

electronically

filed

All confidential information contained in documents designated as

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Confidential used at trial and in all post-trial proceedings shall become public

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unless a separate court order is obtained upon noticed motion and sufficient cause

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shown. In that respect, nothing herein shall prejudice any parties’ rights to object

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to the introduction of any Confidential Information into evidence, on grounds,

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including, but not limited to, relevance and privilege.

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VIII. Miscellaneous Provisions

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1.

It is expressly understood by and between the parties that in

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2.

By written agreement of the Parties, or upon motion and order of the

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IT IS SO ORDERED.

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Dated: __10/29/2015_______

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________________________________
Honorable Andrew J. Wistrich
United States Magistrate Judge

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EXHIBIT A

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I, _____________________________, do solemnly swear that I am fully

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familiar with the terms of the Stipulated Protective Order entered in this action,

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Case No. CV 14-09937 JAK (AJWx), and hereby agree to comply with and be
bound by the terms and conditions of the said Order with respect to the handling,
use and disclosure of each Confidential Document. I hereby consent to the

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jurisdiction of said Court for purposes of enforcing this nondisclosure Order.

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Dated: __________

____________________________
(Print Name)

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_____________________________

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(Signature)

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